JAMES M. GRAHAM, APPELLANT,
v.
Z. C. HERLONG, APPELLANT
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The Florida Supreme Court reversed an interlocutory order overruling a general demurrer in a suit seeking the delivery of pledged stock. The court found that the bill of complaint failed to establish grounds for equitable intervention.
The bill of complaint did not allege that the chattels were of peculiar value or that there were special grounds for equity's intervention. Therefore, the general demurrer should have been sustained.
“The bill does not alege that the chattels were of peculiar value and character, the loss of which could not be fully compensated in damages.”
This quote highlights the lack of specific allegations required for equitable relief.
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Join FLexlaw to unlock all legal intelligenceA plaintiff filed a suit in equity to compel the delivery of pledged railroad stock. The defendant filed a general demurrer to the bill, which the tri…
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Shackleford, C. J.
This is a suit in equity instituted by the appellee against the appellant in the Circuit Court for Alachua county whereby it is sought to have appellant deliver over to appellee certain shares of railroad stock, which it is alleged had been pledged to appellant by appellee to secure certain indebtedness. A general demurrer was interposed to the bill, which was overruled, and from this interlocutory order an appeal was entered to this court. The bill does not alege that the chattels were of peculiar value and character, the loss of which could not be fully compensated in damages. No special grounds are shown for the intervention of a court of equity, and the bill should not be entertained. McCollom v. Morrison, 14 Fla. 414; Dorman v. McDonald, 47 Fla. 252, 36 South. Rep. 52; City of Jacksonville v. Massey Business College, 47 Fla. 339, 37 South. Rep. 432; Florida packing and Ice Co. v. Carney, 49 Fla. 293, 38 South. Rep. 602.
It follows that the interlocutory order appealed from must be reversed, with directions to sustain the demurrer; the appellee to pay the costs of this appeal.
Cockrell and Whitfield, JJ. concur. Taylor P. J. and Hockbr and Parkhill JJ. concur in the opinion.
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Citator
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McCutcheon v. Nat'l Acceptance Corp., 143 Fla. 663 (Fla. 1940)…plaintiff of some $20,000.00 for such a small and insufficient consideration. See Calumet Co. v. Oil City Corp., 114 Fla. 531, 154 So. 141; Frank E. Wood Co. v. Charles Broadway Rouss, Inc., 110 Fla. 16, 147 So. 855. The case of Graham v. Herlong, 50 Fla. 521, 39 So. 111, was a suit in equity to require Graham to deliver to Herlong [*672] certain shares of stock which had been pledged to secure the payment of described indebtedness. The bill of complaint was held insufficient because it was not alleged t…
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Hall v. Horne, 52 Fla. 510 (Fla. 1906)…xander, 35 Fla. 333, 17 South. Rep. 658; Wiggins v. Williams, 36 Fla. 637, 18 South. Rep. 859, S. C. 30 L. R. A. 754; Brown v. Solary, 37 Fla. 102, 19 South. Rep. 161. Also see Williams v. Peeples, 48 Fla. 316, 37 South. Rep. 572; Graham v. Herlong, 50 Fla. 521, 39 South. Rep. 111. An inspection of the bill discloses that the title of appellees to the turpentine boxes, as well as their possession thereof and right to the possession, is alleged in the most general way, as well as is the interference by app…
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Mangus v. Porter, 276 So. 2d 250 (Fla. 3d DCA 1973)…hed legal principle that a court of equity will grant specific performance of a contract involving personal property when the property is of a unique character and value, such as an antique, and there is no adequate remedy at law. Graham v. Herlong, 50 Fla. 521, 39 So. 111 (1905); Yulee v. Canova, 11 Fla. 9 (1864-1865); Hogan v. Norfleet, Fla.App.1959, 113 So. 2d 437. See 49 Am.Jur. Specific Performance § 126 (1956). . The written contract signed by the purchaser and the seller was in its substantive port…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The City of Jacksonville v. The Massey Bus. Coll., 47 Fla. 339 (Fla. 1904)
- Fla. Packing & Ice Co. v. Carney, 49 Fla. 293 (Fla. 1905)
- Dorman v. McDonald, 47 Fla. 252 (Fla. 1904)
- Jennett J. McCullom v. Morrison, 14 Fla. 414 (Fla. 1874)